Judge Permits NAACP’s Lawsuit on xAI Data Center Pollution to Progress

A federal judge has rejected a motion filed by xAI, a company owned by SpaceX, to dismiss a lawsuit brought by the NAACP regarding alleged permit violations related to its gas turbines. The turbines in question power the Colossus data center located outside Memphis.

The lawsuit, initiated by the Southern Environmental Law Center on behalf of the NAACP, claims that xAI has “installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the necessary preconstruction or operating air permits.” The suit further alleges that these actions violate the Clean Air Act.

In its bid to dismiss the case, xAI argued that the turbines were exempt from permitting requirements due to their mobile nature and contended that the plaintiffs lacked the legal standing to file the lawsuit. However, Judge Debra M. Brown countered these claims in her ruling.

“Because the plaintiffs have statutory standing under the Clean Air Act, because the combustion turbines are not ‘mobile sources’ under Mississippi’s [State Implementation Plan], and because the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine, the plaintiffs’ claims will proceed,” she stated in her written decision.

Judge Brown also addressed xAI’s assertion that citizen lawsuits infringe upon constitutional governance by observing, “Because citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties that redress harm to themselves, they are not exercising the federal government’s executive power.”

In response to the ruling, Abre’ Connor, the NAACP’s director of environmental and climate justice, characterized it as “another important victory in our effort to hold xAI accountable.” This ruling follows a similar decision earlier this month when a motion to dismiss by the Department of Justice was also denied.

Connor reaffirmed the NAACP’s position, stating, “Our position has been clear: xAI cannot operate gas turbines without the required permits. The courts have repeatedly rejected attempts by xAI and the DOJ to dismiss the NAACP’s Clean Air Act case, affirming our right to pursue justice for communities impacted by pollution.”

The ongoing lawsuit arrives at a time when public sentiment seems to be shifting against data centers as New York recently enacted a moratorium on new data centers, prompting other states and local governments to consider similar restrictions. This growing backlash has also influenced corporations like Amazon and Microsoft, who are now promising greater transparency in their dealings with governmental entities.

Such trends could have significant implications as they may also shape the dynamics of the upcoming U.S. midterm elections.